Settlement Agreement Concerning the Olympic Stadium

regarding:
wheelchair seating locations, comparable lines of sight, lines of sight, line of sight over standing spectators, companion seating, dispersal of wheelchair seating, dugout, locker room, accessible routes, portable toilets and new construction

Settlement Agreement

Press Release

SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA,
THE ATLANTA COMMITTEE FOR THE OLYMPIC GAMES, INC., AND
THE METROPOLITAN ATLANTA OLYMPIC GAMES AUTHORITY
UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990
CONCERNING THE OLYMPIC STADIUM LOCATED IN ATLANTA, GEORGIA

INTRODUCTION

1. This Agreement (the "Agreement") is made and entered into by the United States of America (the "United States"), the Atlanta Committee for the Olympic Games, Inc. ("ACOG"), and the Metropolitan Atlanta Olympic Games Authority ("MAOGA") (collectively, the United States, ACOG, and MAOGA will be referred to hereinafter as the "Parties").

2. This Agreement resolves an investigation conducted by the United States Department of Justice of ACOG and MAOGA under Titles II and III of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-12189 (the "Act" or the "ADA"), concerning the Olympic Stadium (the "Stadium") located in Atlanta, Georgia.

3. The resolution of this matter through this Agreement serves the Parties' interests in securing the rights of individuals with disabilities by designing and constructing an accessible Olympic Stadium.

4. The Parties agree as follows:

THE PARTIES

5. The term "Respondents" refers to both ACOG and MAOGA and their parent companies, subsidiaries, departments, and/or agencies.

6. The term "the Department" refers to the U.S. Department of Justice, and, because the Department is the designated enforcement authority for the ADA under Titles II and III of the ADA, "the Department" is used interchangeably with "United States."

7. MAOGA is a political subdivision created by the State of Georgia in 1989 for the purpose of "conducting and staging the Olympic summer games in conjunction with the local organizing committee, . . . and to that end, of acquiring, constructing, equipping, maintaining, and operating any facilities within the state necessary or useful in the conduct of the Olympic Games." Metropolitan Atlanta Olympic Games Authority Act, Ga. L. 1989 at 5078.

8. MAOGA is the current owner of the Stadium and the lessee of the Stadium premises, which lease commenced on March 16, 1993, and terminates on or about April 1, 1997, and, for purposes of this agreement only, with respect to the ownership and lease of the Stadium premises and construction of the Olympic Stadium thereon, MAOGA is a public entity within the meaning of 42 U.S.C. § 12131(1)(B) and 28 C.F.R. § 35.104, and is subject to Title II of the ADA;

9. ACOG is a private corporation created to organize, conduct and stage the 1996 Centennial Olympic Games (the "Olympic Games"). Pursuant to a contractual agreement between ACOG and MAOGA, ACOG will manage the construction of the Stadium and will occupy the Stadium during the Olympic Games. During construction of the Stadium, and the hosting of the Olympic Games, ACOG will be an operator of the Stadium, and ACOG has played a role in the design and construction of the Stadium. Within the meaning of this Agreement only, the Parties agree that, with respect to its role in regard to the design, construction, operation, and occupation of the Stadium, ACOG is an operator of a place of public accommodation within the meaning of 42 U.S.C. § 12182(a), and is a public accommodation within the meaning of 28 C.F.R. § 36.104, and is subject to Title III of the ADA.

10. The Atlanta National League Baseball Club, Inc. ("the Braves") owns and operates the Atlanta Braves, a National League baseball team that plays its home games in Atlanta. The Braves have certain operating responsibilities at the Stadium from the time construction is substantially complete until April 1997 and beyond and will lease and operate the Stadium for a period of up to 40 years, commencing in April 1997. Moreover, the Braves have participated in the design of the Stadium with regard to its baseball configuration. For purposes of this Agreement only, the Parties agree that the Braves operate and lease a place of public accommodation within the meaning of 42 U.S.C. § 12182(a) and are a public accommodation within the meaning of 28 C.F.R. § 36.104 and are subject to Title III of the ADA.

THE STADIUM

11. The Stadium is a multi-use sports facility presently under construction. It is designed for use as a venue for the Olympic Games (the "Olympic configuration"), including serving as the location for the Opening and Closing Ceremonies and track and field events. Further, the Stadium is designed to be converted, after completion of the Olympic Games, into a baseball stadium (the "baseball configuration") where the Braves home games will be played.

12. The Stadium is a "stadium, or other place of exhibition or entertainment," and is, therefore, a public accommodation within the meaning of Title III, 42 U.S.C. § 12181(7)(C), and a place of public accommodation within the meaning of 28 C.F.R. § 36.104. Because the Stadium is a non-residential facility whose operations affect commerce it is also a commercial facility within the meaning of Title III, 42 U.S.C. § 12181(2), and 28 C.F.R. § 36.104.
13. The Stadium is a building, structure, site, or complex, and is, therefore, a "facility" within the meaning of 28 C.F.R. § 35.104 and is covered by Title II.

14. The Stadium, in both its Olympic and baseball configurations, is being designed and constructed for first occupancy after January 26, 1993, and is, therefore, a newly constructed facility within the meaning of Title III of the ADA, 42 U.S.C. § 12183(a)(1) and 28 C.F.R. § 36.401.

15. Construction of the Stadium began after January 26, 1992, and the Stadium is, therefore, a newly constructed facility within the meaning of Title II of the ADA, 42 U.S.C. § 12134(c) and 28 C.F.R. § 35.151(a).

16. The physical modifications that will be undertaken to convert the Stadium from its Olympic to its baseball configuration constitute alterations as defined by Titles II and III of the ADA, 42 U.S.C. § 12183(a)(2) and 28 C.F.R. §§ 35.151 and 36.402. See, 42 U.S.C. § 12132.

THE DEPARTMENT OF JUSTICE INVESTIGATION

17. The Department has informed the Respondents that this matter was initiated by complaints filed with the Department by people with disabilities from the Atlanta metropolitan area, alleging that the Stadium was not being designed and constructed in compliance with the ADA. The complaints were investigated by the Disability Rights Section (formerly known as the Public Access Section and the Office on the Americans with Disabilities Act) and the Coordination and Review Section of the Civil Rights Division of the Department of Justice, under the authority granted by Sections 203 and 308(b) of the ADA, 42 U.S.C. §§ 12133 and 12188(b).

18. From 1993 through the present, the Department conducted an in-depth investigation (the Department's File No. DJ 202-19-11) into the design of the Stadium. The investigation included several meetings, many telephone conferences, an on-site visit, and the review of a vast number of design documents which were at various stages in the development process.

19. The Parties acknowledge that the design and construction of the Olympic Stadium is a complex undertaking that has lasted a period of years and has involved modifications and refinements during the design and construction process. Notwithstanding such ongoing changes, Respondents cooperated with the Department's investigation by providing extensive design documents, some of which Respondents assert were interim "progress" drawings which had not yet been finalized. As a result, Respondents contend that a number of the issues raised by the Department during the investigation as asserted violations, would not have been included in the final construction of the facility.
20. The Department asserts that MAOGA and ACOG have violated the new construction and alterations provisions of Titles II and III of the ADA, respectively, by designing, or by contracting with others to design the Stadium so that, in both its Olympic and baseball configurations, it would not comply with the new construction and alterations provisions of: (a) Titles II and III of the ADA; and (b) the Department's implementing regulations for Titles II and III, including the Standards for Accessible Design ("the Standards") incorporated into the regulations and found at Appendix A to 28 C.F.R. Part 36.

21. Notwithstanding the assertions made by the United States, the Respondents deny that they have violated the new construction or alterations provisions of Titles II and III of the ADA with respect to the Stadium. Further, the Respondents deny that they have violated the implementing regulations, including the Standards. Nothing in this Agreement shall constitute an admission of liability by Respondents.

22. Neither the making of this Agreement nor anything contained herein shall, in any way, be construed or considered to be an admission by either of the Respondents, or by any officials, contractors or agents of either of the Respondents, of violation of any federal, state or local statute, any State or municipal fire safety or building code, or of any other wrongdoing or liability whatsoever.

23. The Parties have agreed to the terms of this Agreement in order to resolve the Department's investigation, to avoid litigation, and to resolve their disagreements concerning the interpretation of the ADA, which was enacted in 1990 and became effective in 1992.

AGREEMENT WITH RESPECT TO THE NEW CONSTRUCTION
PROVISIONS OF TITLES II AND III


24. The Respondents agree to the following provisions:

Accessible Seating
Number of Wheelchair Seating Locations

a. To construct and alter the Stadium so that, in both its Olympic and baseball configurations, there are wheelchair seating locations in a number equal to at least one percent of the total number of seats in the Stadium in accordance with Sections 4.1.3(19)(a), 4.33.2, 4.33.3, 4.33.4, and 4.33.5 of the Standards and as set forth in the attached Exhibits 1(a), 1(b), and 2.

Companion Seating

b. To construct and alter the Stadium so that, in both its Olympic and baseball configurations, fixed companion seats will be located next to the wheelchair seating locations as referenced by Sections 4.1.3(19)(a) and 4.33.3 of the Standards and as set forth in the attached Exhibits 1(a), 1(b), and 2.

Provision of Lines of Sight

c. The United States contends that the Standards' requirement that comparable lines of sight be provided includes a requirement to provide wheelchair users with a line of sight over standing spectators. Respondents dispute that contention. Nevertheless, the Respondents agree to construct and alter the Stadium so that, in both its Olympic and baseball configurations, substantially all of the wheelchair seating locations will afford spectators seated in wheelchairs with a line of sight of the playing surface when spectators in rows in front of them stand, as referenced by Sections 4.1.3(19)(a) and 4.33.3 of the Standards and as set forth in the attached Exhibits 3(a) and 3(b).

Dispersal of Wheelchair and Companion Seating Locations

d. To construct and alter the Stadium so that, in both its Olympic and baseball configurations, the wheelchair and companion seating locations required by sub-section (a) of this Paragraph 24 will be dispersed throughout the seating areas as referenced by Sections 4.1.3(19)(a) and 4.33.3 of the Standards and as set forth in the attached Exhibits 1(a) and 1(b).
Restrooms

e. To construct the Stadium so that each of the toilet rooms will afford individuals with disabilities with 1) sufficient unobstructed turning space in accordance with Sections 4.1.3(11), 4.2.3, 4.2.4, 4.16.2, 4.17.3, 4.18.3, 4.19.3, and 4.22.3 of the Standards; and 2) sufficient clear floor space at lavatories in accordance with Sections 4.1.3(11), 4.2.4, 4.19.3, 4.22.2, 4.22.3, 4.22.4, and 4.22.6 of the Standards, and other accessibility features in accordance with Section 4.22 of the Standards and as set forth in the attached Exhibits 4(a) and 4(b).

f. To construct the Stadium so that each restroom contains a designated accessible stall that is readily accessible to and usable by individuals with disabilities, including those who use wheelchairs, in accordance with Sections 4.1.3(11), 4.16, 4.17, and 4.22.4 of the Standards and as set forth in the attached Exhibits 5(a), 5(b), and 5(c).

g. To construct the Stadium so that each restroom with 6 or more toilet stalls will contain an ambulatory stall that is 36 inches wide and is equipped with grab bars and a self-closing, outward swinging door in accordance with Sections 4.1.3(11), 4.22.4, and 4.26 of the Standards and as set forth in the attached Exhibit 6.

h. To construct the Stadium so that each toilet room designed for use by occupants of specific areas will be readily adaptable for accessibility in accordance with Sections 4.1.3(11) and 4.22 of the Standards and as set forth in the attached Exhibit 7.

Portable Toilets

i. That for all events occurring at the Stadium during the term of this Agreement for which portable toilets are used at least five percent but not less than one in each cluster of the portable toilets utilized will be readily accessible to and usable by individuals with disabilities in accordance with the requirements for standard stalls set forth at Sections 4.1.2(6), 4.16, 4.17.3, 4.22.4, and 4.26 of the Standards. If such an event takes place while the Stadium is utilized or operated by a third party, either as a result of a contract or any other arrangement, the Respondent(s) agrees to require that such third party comply with this provision of the Agreement.

Shower Stalls

j. To construct the Stadium so that each bathroom or shower room that contains showers is equipped with at least one shower that is readily accessible to and usable by individuals with disabilities in accordance with Sections 4.1.3(11), 4.21, 4.23.3, 4.23.8, 4.26, and 4.27.4 of the Standards and as set forth in the attached Exhibit 8.

Dressing Rooms

k. To construct the Stadium so that each dressing room is readily accessible to and usable by individuals with disabilities by being equipped with at least one 24 inch by 48 inch bench with its long side attached to a wall in accordance with Sections 4.1.3(21) and 4.35.4 of the Standards and as set forth in the attached Exhibit 9.

Locker Rooms

l. To alter the Stadium so that, in its baseball configuration, each locker room is equipped with at least one locker that provides storage space that is readily accessible to and usable by individuals with disabilities in accordance with Sections 4.1.3(12)(a), 4.2.4, 4.2.5, 4.2.6, 4.25, and 4.27.4 of the Standards and as set forth in the attached Exhibit 10.

Storage
m. To alter the Stadium so that, in its baseball configuration, coat rods and shelves are mounted at heights that are within the required reach ranges for persons who use wheelchairs in accordance with Sections 4.1.3(12)(a), 4.2.5, 4.2.6, and 4.25.3 of the Standards and as set forth in the attached Exhibit 11.

Ramps

n. To construct the Stadium so that each pedestrian ramp is readily accessible to and usable by individuals with disabilities, including those who use wheelchairs, in accordance with Sections 4.1.3(1), 4.3.8, 4.5.2, and 4.8 of the Standards and as set forth in the attached Exhibit 12.

Curb Ramps

o. To construct the Stadium so that the curb ramps will be readily accessible to and usable by individuals with disabilities, including those who use wheelchairs, in accordance with Sections 4.1.2(2), 4.3.8, 4.5.2, and 4.7.5 of the Standards and as set forth in the attached Exhibits 13(a) and 13(b).

Accessible Routes
General

p. To construct the Stadium so that an accessible route will connect the accessible buildings, facilities, elements, and spaces on the site in accordance with Sections 4.1.2(2) and 4.3 of the Standards and as set forth in the attached Exhibits 13(a), 13(b), 14(a) and 14(b).

q. To construct the Stadium so that an accessible route will connect any required accessible parking spaces owned, leased, or operated by the Respondent(s) to the entrance of the Stadium in accordance with Sections 4.1.2(1) and 4.3 of the Standards and as set forth in the attached Exhibits 13(a) and 13(b).

r. To construct the Stadium so that an accessible route will connect accessible entrances to the Stadium with accessible spaces and elements within the Stadium in accordance with Sections 4.1.3(1) and 4.3 of the Standards and as set forth in the attached Exhibits 14(a) and 14(b).

The Dugouts

s. To alter the Stadium so that, in its baseball configuration, there is an accessible route to each dugout from the playing field and from their respective locker rooms by equipping the dugouts with platform lifts as referenced by Sections 4.1.3(5)(Exception 4(a)), 4.2.4, 4.5, 4.11, and 4.27 of the Standards and as set forth in the attached Exhibit 15.

Club Level Restaurant

t. To alter the Stadium, so that in its baseball configuration, each level of the Club Level Restaurant will be accessible, through use of a platform lift, to people with disabilities who cannot climb or descend stairs. Sections 4.2.4, 4.5, 4.11, and 4.27 of the Standards, any applicable State or local codes, and as set forth in the attached Exhibit 16 will govern the design and installation of this platform lift.

Photographers' Moat

u. To construct the Stadium so that there will be located a total of five fixed stations that are accessible to photographers with disabilities who cannot climb or descend stairs. These stations will be at field level and will, therefore, be located on an accessible route as referenced by Sections 4.1.3(1) and 4.3 of the Standards and as set forth in the attached Exhibits 1(a) and 17.

v. To implement procedures whereby photographers with mobility impairments (who are credentialed to use the moat but who may not be able to do so because of their mobility impairment) will be provided with either: (i) a fixed position (as described in sub-paragraph u above) along the perimeter of the moat; or (ii) a fixed position (as described in sub-paragraph u above) and a limited range of mobility at certain locations along the perimeter of the moat. The operational procedures concerning the moat and credentialed photographers with mobility impairments are attached hereto as Exhibit 18.

Camera Platforms

w. To construct the Stadium so that one or more of the camera platforms are located along an accessible route as referenced by Sections 4.1.3(1) and 4.3 of the Standards and as set forth in the attached Exhibits 1(a), 19(a) and 19(b).
Stairways

x. To construct the Stadium so that stairways which are required to be readily accessible are usable by individuals with disabilities by, among other things, ensuring that the handrails extend past the top and bottom risers for a sufficient distance in accordance with Sections 4.1.3(4) and 4.9.4 of the Standards and as set forth in the attached Exhibit 20.

Protruding Objects

y. To construct the Stadium so that it will not contain protruding objects without the presence of cane detectable barriers in accordance with Sections 4.1.2(3), 4.1.3(2), and 4.4.1 of the Standards and as set forth in the attached Exhibit 21.

Clear Headroom

z. To construct the Stadium so that it will not contain any protruding objects that interfere with the required clear headroom without the presence of cane detectable barriers in accordance with Sections 4.1.2(3), 4.1.3(2), and 4.4.2 of the Standards and as set forth in the attached Exhibit 21.

Doors

aa. To construct the Stadium so that required doors afford sufficient clear maneuvering space to be readily accessible to and usable by individuals with disabilities in accordance with Sections 4.1.3(7), and 4.13.6 of the Standards and as set forth in the attached Exhibits 22(a) and 22(b).

bb. To construct the Stadium so that required doors will provide sufficient clear width when opened in accordance with Sections 4.1.3(7), 4.13.4, and 4.13.5 of the Standards and as set forth in the attached Exhibit 23.

Parking

cc. To construct the Stadium so that any automobile parking provided for events at the facility on property owned, leased, or operated by Respondent(s) contains the required number of accessible and van accessible parking spaces in accordance with Sections 4.1.2(5), 4.6.2, 4.6.3, 4.6.4, and 4.6.5 of the Standards and as set forth in the attached Exhibit 24.

Automatic Teller Machines

dd. To the extent automatic teller machines are installed at the Stadium, to install them so that the required number of automatic teller machines will be accessible to individuals with disabilities in accordance with Sections 4.1.3(20) and 4.34 of the Standards.

Visual Alarms

ee. To construct the Stadium so that any room or area equipped with single station audible alarms will also be equipped with single station visual alarms in accordance with Sections 4.1.3(14) and 4.28.3 of the Standards and as set forth in the attached Exhibit 25. This sub-paragraph does not apply to the Stadium's public address system.

Employee Work Areas

ff. To construct the Stadium so that employee work areas are readily accessible to and usable by individuals with disabilities with regard to their ability to approach, enter, and exit those areas in so far as such accessibility is required in accordance with Sections 4.1.1(3) and 4.1.1(5)(b) of the Standards and as set forth in Exhibit 26. This subsection specifically does not apply to the camera platforms, the photographers' moat or the press areas in the Stadium, which the Department does not consider to be "employee work areas".

25. The United States' consent to this Agreement does not constitute any acknowledgement by the Department that the actions specified in Subparagraphs 24 c., d., t., u., v., and w. and the relevant attached exhibits are sufficient to meet the ADA's requirements for new construction and alterations under Titles II and III. The Department agrees to these provisions solely in order to resolve this matter without resort to litigation.

26. Neither the making of this Agreement nor anything contained herein shall in any way be construed or considered to be an admission by the Respondents that the ultimate design of the Stadium, as constructed consistent with this Agreement, does not satisfy in every regard the requirements applicable to said Stadium pursuant to Titles II and III of the ADA and the applicable regulations.

27. With respect to the lifts in the Club Restaurant and in the dugouts, the Braves are responsible for the operation and maintenance of the lifts that will provide access to those parts of the Stadium. The Department is presently working to reach an agreement with the Braves regarding this matter.

IMPLEMENTATION AND ENFORCEMENT OF THE AGREEMENT

28. The Department may review compliance with the Agreement at any time until the Agreement's expiration. If the Department believes that this Agreement or any provision of it has been violated, the Department shall promptly advise the Respondents in writing of the nature of that violation, and, within thirty days of receipt by Respondents of said written notice from the Department, the Parties shall meet and confer in a good faith attempt to resolve the issue. In the event the Parties are not able to resolve this issue to the reasonable satisfaction of the Department, the Department may seek enforcement of the Agreement or any provision thereof, in the United States District Court for the Northern District of Georgia, pursuant to Paragraph 34 of this Agreement.

29. During its investigation, the Department has reviewed certain drawings for the Stadium in both its Olympic and baseball configurations. Specific selected drawings for the Olympic configuration are incorporated in the appropriate subparagraphs of Paragraph 24. The Parties agree that the level of accessibility provided by those drawings incorporated in Paragraph 24 constitutes compliance with the Standards, except as referenced in Paragraph 25 of this Agreement. Respondent(s) agrees not to decrease accessibility in the event that different drawings are used in actual construction of any room or area, except as addressed under Paragraph 30.

30. In the event that Respondent(s) plans to make any changes in the design of any aspect of the Stadium that (1) are covered by Paragraph 24 of this Agreement and (2) may materially reduce the level of accessibility for individuals with disabilities provided by the design of the Stadium (as reflected in the exhibits to and design drawings incorporated in Paragraph 24), Respondent(s) shall notify the Department of the changes being planned, the expected timing of the changes, and a very brief description of the reason for making the change. Respondents shall make every reasonable effort to notify the Department of the planned changes as promptly as possible. Included in the planned design changes that are covered by this section are changes that could reasonably be considered to materially reduce the level of accessibility required by Paragraph 24 of the Agreement and its underlying interpretations, even if Respondent(s) does not believe that the change would actually have that effect. Changes covered by this Paragraph are those that occur or will occur after the commencement of the Agreement and during the effective dates of the Agreement. The basis for determining whether a change takes place or the effect of such a change are the design drawings referenced herein. Currently, neither Respondent has any obligation to build or design the Plaza area of the Stadium in its baseball configuration beyond that which is reflected on the design documents referenced herein. Accordingly, notwithstanding the language in any other paragraph of this Agreement, the Plaza area of the Stadium in its baseball configuration is not subject to the terms of this Agreement; provided, however, that if either Respondent assumes any responsibility for the construction or design of the Plaza area of the Stadium in its baseball configuration (over and above MAOGA's general responsibility to ensure that any Plaza construction is consistent with the general conceptual design of the Stadium), such undertaking will be subject to the terms of this Agreement.

31. In notifying the Department about any changes being planned, Respondent(s) may request an expedited review by the Department and the Department will make every reasonable effort, subject to its other work demands, to advise Respondent(s) as promptly as possible whether the Department views the changes as a breach of this Agreement that it would seek to prevent. As soon as the Department determines it will not object to a particular planned design change, it will notify Respondent(s) as promptly as possible of that determination. In the event the Department determines that such a change would amount to a breach of the Agreement, said change will be subject to Paragraph 28 of the Agreement. If, however, the Department determines that it is necessary to seek review by an expert of the changes, Respondent(s) agrees to share the cost of that service up to a maximum amount of $4,000 for each such planned change, and not to exceed an aggregate total of $25,000 for the review of all planned changes.

32. Respondent(s) may, but are not required to, wait for the Department to decide whether it will object to a particular planned change before making the change; however, in the event that a change is made before the Department's determination and the Department subsequently objects, the Parties agree that this will be treated by the Department as an asserted breach of the Agreement, and the Parties will follow the procedures set forth in Paragraph 28 of the Agreement. In the event that Respondents decide to go forth with construction of a planned change prior to receiving the Department's determination regarding that planned change, or in spite of the Department objecting to such change, such action by Respondent(s) shall not in any way impact or be used as a presumption to limit the remedies available to the Department to ensure that the Respondent(s) meets the requirements of the Agreement, including, inter alia, reconstruction. Nor shall Respondent(s) proceeding to make the change prior to receiving the Department's determination, or despite the Department objecting to the change, constitute evidence of any bad faith on the part of the Respondent(s). This Paragraph does not apply to design modifications covered by Paragraph 33 of this Agreement. Respondent(s) remains committed to the design and construction of an accessible Stadium that meets the requirements of the ADA and the Standards and will make every reasonable effort to minimize changes that diminish the accessibility of the Stadium, or which require invocation of this Paragraph. In this regard, Respondent(s) acknowledges that the Stadium will be substantially completed in approximately sixty days after execution of the Agreement and expect that, for a project of its scope, only a minimal number of changes will be made to the design drawings incorporated in Paragraph 24 with respect to the Olympic configuration.

33. The Department recognizes that hosting the Olympic Games will require some operational flexibility. In the event that the operation of the Olympic Games requires the Respondents to make modifications of either a part of the design of the facility or an operational policy or procedure, such modifications will not be deemed by the Department to violate the Agreement, provided the new design or policy: 1) continues to comply with all relevant provisions of the ADA and its implementing regulations, consistent with the interpretations thereof underlying paragraph 24 and its exhibits; and 2) results in the provision of equal or greater accessibility to people with disabilities.

34. In the event the Department seeks enforcement of this Agreement or any provision of it in the United States District Court, the Parties agree and hereby stipulate:
a. That the United States District Court for the Northern District of Georgia has personal and subject matter jurisdiction over this Agreement, the matters set forth in it, and the Parties to it;

b. That, as to Respondents' Agreement to undertake the actions expressly described in Paragraph 24 of this Agreement, the Department shall be entitled to enforcement of said terms of the Agreement and, in the event the Court concludes that Respondents, or any of them, have failed to fulfill their commitments in Paragraph 24 hereof, such breach shall be treated as if it had been a violation under Subsection 308(b)(2)(C)(ii) of the ADA, and said Respondents shall be liable, in the Court's discretion, to the United States for such equitable and/or monetary relief as is appropriate under Section 308(b)(2)(A) and (B) of the ADA, and, also in the Court's discretion, for a civil penalty, under Subsection 308(b)(2)(C)(ii). In considering what amount of civil penalty, if any, is appropriate, the Court shall consider the Respondent(s)' good faith efforts or attempts to comply with the ADA, as articulated in Section 308(b)(5) of the ADA.

35. Failure by any one of the Parties to enforce this entire Agreement or any provision of it with regard to any deadline or any other provision contained herein shall not be construed as a waiver by that Party of any right to do so.

36. This Agreement is a public document. A copy of this document or any information contained therein may be made available to any person. The Respondents, at their option, shall either provide a copy of the Agreement upon request or refer any person who inquires about obtaining a copy of this Agreement to the Department at the address and telephone number indicated after the Department's signature lines on this document. Notwithstanding any other language in this Agreement, the Parties acknowledge that, because of security reasons, design and construction drawings of the Stadium which are referred to herein and attached hereto as Exhibits will not be released pursuant to this paragraph until after the expiration of this Agreement pursuant to the Department's letter of November 9, 1994, attached hereto as Exhibit 29.

37. This Agreement shall be binding on the Respondents and their successors in interest, and each Respondent has a duty to notify all such successors in interest of these obligations and to include in all future documents transferring any right or interest in the Stadium any obligations to comply with this Agreement not retained by the Respondent(s).

38. If any provision of this Agreement is affected by any future proceeding in bankruptcy, the Parties shall jointly apply to the Bankruptcy Court for withdrawal to the United States District Court for the Northern District of Georgia for resolution of the matter.

39. This Agreement, including the Exhibits attached hereto and the drawings referenced herein, constitutes the entire Agreement among the Parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. In the event a court of competent jurisdiction concludes that any part of this Agreement is unenforceable, such portion shall be severed from this Agreement and all other portions shall remain enforceable.

40. This Agreement is limited to the Stadium and does not apply to any other design or construction project of either Respondent. The Agreement covers all aspects of the design and construction of the Stadium in its Olympic configuration, including all additions or changes made during the term of this Agreement. Except as noted in Paragraph 30, this Agreement also covers the conversion of the Stadium into its baseball configuration, including all additions or changes made during the term of this Agreement. This Agreement does not affect any continuing responsibility of the Respondents, or either of them, to comply with the ADA, where applicable, concerning: (a) any duties of the Respondents with regard to other venues being designed, constructed, modified or operated for use during the Olympic Games; (b) any responsibilities the Respondents may incur toward employees under Titles I and II of the Act; and (c) any ADA responsibility the Respondents have for the Stadium where said responsibility is not covered by the provisions of Paragraphs 24 or 29 of this Agreement, except any changes or modifications in the design of the Stadium after the execution but during the term of this Agreement. With respect to any litigation between the Parties to this Agreement which may arise over any of the issues described in Subparagraphs (a) or (b) of this Paragraph 40, the Parties shall be free to argue any principles of law and shall not be bound by the terms or underlying principles of this Agreement.

41. The Parties hereby represent and acknowledge that this Agreement is given and executed voluntarily and is not based upon any representation by any of the Parties to another Party as to the merits, legal liability, or value of any claims of the Parties or any matters related thereto.

42. The Parties acknowledge that they have been afforded an opportunity to consider this Agreement and the terms and conditions set forth herein, and that they have read and understood the terms of the Agreement and have been given an opportunity to consult with their respective counsel prior to executing this Agreement.

43. Where reduced-sized design drawings are attached hereto as exhibits, they are merely representative of full-sized design drawings, copies of which are to be maintained by each party. In the event of a discrepancy between a full-sized design drawing, and a reduced-sized version of the same document, the full-sized version is to be considered authoritative.

44. Provided no changes are made after the date hereof to the design contained or referenced in an Exhibit set forth in Paragraph 24, if there is any disagreement between the Parties concerning the requirements of the Agreement with respect to (1) the referenced sections of the ADA, its implementing regulations or Standards and (2) any listed Exhibit, then the Exhibit shall govern.

45. A signer of this document, in a representative capacity for MAOGA, ACOG, or the Department, represents that he or she is authorized to bind such entity to this Agreement.

46. In any instance where notice is required to be given to any or all of the parties to this agreement, such notice shall be provided in writing, sent via certified or registered U.S. Mail, return receipt requested, to the following individuals in their capacity as representatives of the parties to this agreement:

ACOG:
Josie A. Alexander, Esq.
Alexander & Associates
230 Peachtree Street, N.W.
Suite 1400
Atlanta, Georgia 30303

Horace H. Sibley
King & Spalding
191 Peachtree Street, N.E.
Atlanta, Georgia 30303-1763

MAOGA:
C. Geoffrey Weirich, Esq.
Paul, Hastings, Janofsky & Walker
Suite 2400
600 Peachtree Street, N.E.
Atlanta, Georgia 30308

The Department:
John L. Wodatch, Section Chief
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738

47. This Agreement may be executed in several counterparts, each of which shall be an original and shall constitute one and the same instrument. All exhibits hereto are hereby incorporated by specific reference into this Agreement, and their terms are made a part of this Agreement as though fully recited herein.
48. Notwithstanding any other provision of this Agreement, this Agreement shall remain in effect until six months after the final certificate of occupancy has been issued for the Stadium's baseball configuration, and shall expire at that time. The Respondents agree to notify the Department of the existence of this final certificate of occupancy no later than two weeks after the date on which it is issued. In the event of any failure to provide the Department with this notification within two weeks of the date of its issuance, this Agreement shall remain in effect for six months after the date on which the Department receives such notification, and shall expire at that time.

49. By executing this Agreement jointly, neither Respondent commits to undertake or be responsible for actions which are beyond that Respondent's authority as an owner or operator of the Stadium at the relevant point in time. Respondent(s) acknowledges that, as to each undertaking in this Agreement, one or the other or both of them is responsible.

50. All Parties to this Agreement shall support it fully. To the extent that the Department receives a complaint under Title II or Title III of the ADA which challenges an aspect of the design, construction or operation of the Stadium which is permitted under this Agreement, the Department shall not seek relief on behalf of such individual under either Title II or Title III.

51. The date this Agreement commences is the date of the last signature below.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and sealed.

READ CAREFULLY BEFORE SIGNING.
UNITED STATES OF AMERICA

JANET RENO
Attorney General
U.S. Department of Justice


Date:

By:
DEVAL L. PATRICK
Assistant Attorney General
KERRY ALAN SCANLON
Deputy Assistant Attorney General
Civil Rights Division


Date:



JOHN L. WODATCH
Chief
L. IRENE BOWEN
Deputy Chief
JOSEPH C. RUSSO
Attorney
D.C. Bar No. 432249
TROY R. JUSTESEN
Paralegal/Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738
(202) 307-2229



ATLANTA COMMITTEE FOR THE OLYMPIC GAMES, INC.



Date:


By:
WILLIAM PORTER PAYNE
As: Chief Executive Officer and
President
250 Williams Street, Suite 6000
P.O. Box 1996
Atlanta, Georgia 30301-1996 USA
(404) 224-1996



Date:


By:
A.D. FRAZIER, JR.
As: Chief Operating Officer
250 Williams Street, Suite 6000
P.O. Box 1996
Atlanta, Georgia 30301-1996 USA
(404) 224-1996
Approved and Recommended for the Atlanta Committee for the Olympic Games, Inc.:



Date:


By:
MARVA JONES BROOKS, ESQ.
Georgia Bar No. 85150
ARNALL GOLDEN & GREGORY
2800 One Atlantic Center
1201 W. Peachtree Street, N.W.
Atlanta, Georgia 30309-3400
(404) 873-8500

JOSIE A. ALEXANDER, ESQ.
Georgia Bar No. 008886
ALEXANDER & ASSOCIATES
230 Peachtree Street, N.W.
Suite 1400
Atlanta, Georgia 30303
(404) 614-0001

HORACE H. SIBLEY, ESQ.
Georgia Bar No. 644800
KING & SPALDING
191 Peachtree Street, N.E.
Atlanta, Georgia 30303-1763
(404) 572-4600


METROPOLITAN ATLANTA OLYMPIC GAMES AUTHORITY



Date:


By:
RICHARD MONTEILH
As: Executive Director
250 Williams Street
Suite 6200
Atlanta, Georgia 30303
(404) 332-9791


Approved and Recommended for the
Metropolitan Atlanta Olympic Games
Authority:



Date:


By:
C. GEOFFREY WEIRICH, ESQ.
Georgia Bar No. 746455

WILLIAM E. EASON, ESQ.
Georgia Bar No. 237600
PAUL, HASTINGS, JANOFSKY & WALKER
Suite 2400
600 Peachtree Street, N.E.
Atlanta, Georgia 30308
(404) 815-2400

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October 09, 2008